A Digest of the Law 

RELATING TO 

Primary Elections in Ohio 


Prepared for the 

Ohio State Board of Commerce 
by 

DANIEL J. RYAN 

Former Secretary of S.fcite 



April 25, 1916: Presidential preference vote; 
election of delegates %6 National Convention; 
election of delegates to State Conventions. 

August 8, 1916: Primary for nomination of 
candidates for United States Senator, members 
of Congress, elective state, district and 
county officers and controlling committees of 
each political party. 


November 7, 1916: General election. 



OHIO STATE BOARD OF COMMERCE 
COLUMBUS 






OFFICERS OF THE OHIO STATE BOARD OF 
COMMERCE 


President 

George E. Pomeroy .Toledo 

The Geo. E. Pomeroy Co. (Real Estate) 

Vice-President 

J. J. Dauch .Sandusky 

The Hinde & Dauch Paper Co. 

Treasurer 

A. W. Mackenzie .Columbus 

Cashier, The State Savings Bank and Trust Co. 

Secretary and Manager 

O. K. Shimansky .Columbus 


EXECUTIVE COMMITTEE 


Geo. Beatty. Columbus 

President, The Federal Glass Co. 

W. C. Carnahan .Bellaire 

Superintendent, The Carnegie Steel Co. 

Allen R. Foote .Columbus 

James J. Heekin _;.Cincinnati 

The Heekin Spice Co. 

J. C. Miller ./.Columbus 

Treasurer, The Cclumbus Iron & Steel Co. 

George E. Pomeroy .Toledo 

S. O. Richardson, Jr .Toledo 

Vice-President, The Libbey Glass Co. 

George T. Spahr .Columbus 

Spahr & Glenn (Printers) 

Samuel Scovil .-.Cleveland 

The Cleveland Electric Illumine ting Co. 


Copyright, 1916, 

Ohio State Board of Commerce. 


Price, 15 Cents. 

2 © Jl, A 4 

FEB -5 1916 

‘‘ho * / ' 



1871 2 


















A Digest of the Law Relating to 
Primary Elections in Ohio 


^ APPLICATION OF PRIMARY ELECTION LAW 

All political parties in the State of Ohio, or in 
^ any district, county or municipality thereof, which 
\ at the last election for Governor cast ten per cent, 
or more, of its entire vote, in such political divi- 
v sions for Governor, are compelled to make all 
nominations for officers under the primary election 
law. 

The law is compulsory and applies: 

1. To nominations for Senators and Rep¬ 
resentatives in Congress of the United States; 

^ 2. To all elective State, District, County and 

Municipal Officers; 

3. To Delegates and Alternates to National 
and State conventions; 

4. To members of the controlling committees 
of all voluntary and political parties or associations 
in this State which at the preceding election for 
candidate for Governor in the State or any poli¬ 
tical division thereof polled at least ten per cent 
of the entire vote cast therein for Governor. 

The provisions of the primary election law do 
not apply to electi\ e offices of townships or munic¬ 
ipalities having a population of less than tw. 
thousand unless the voters of such township or 
municipality shall so petition the Board of Deputy 
State Supervisors of elections. A petition asking 
for such application of the primary law shall be 
filed at least ninety days before the regular date 
for holding the primary to nominate such township 
or municipal officers, and shall be signed by qual¬ 
ified electors equal in number to a majority of the 
votes cast in such township or municipality at the 
last general election held therein. Upon the filing 
of such petition all nominations of party candi¬ 
dates shall be made under the primary election law. 


3 



The primary law does not affect the right of 
nominating candidates for office by petition, the 
provisions of law relating to which are all in force 
and may be invoked by citizens if they so desire. 
No elector is disqualified from signing a petition 
for the nomination of a candidate for office because 
he voted at a primary provided for to nominate 
candidates to be voted for at the same election, or 
because such elector signed nomination papers for 
such primary. 


TIME OF HOLDING PRIMARY 
ELECTION 

The times for the dates for holding primaries in 
this state are designated by law as follows: 

1. For members of the House of Representa¬ 
tives in the Congress of the United States the 
primaries are to be held on the second Tuesday of 
August of the even numbered years. 

2. For all elective State, District and County 
offices, the primaries are to be held on the second 
Tuesday of August of the even numbered years. 

3. For the nomination of the candidates for 
Township and Municipal offices, Justices of the 
Peace and members of Boards of Education 
primaries shall be held in each county at the 
usual polling places on the second Tuesday of 
August in the odd numbered years. 

4. For the election of the controlling com¬ 
mittees of each political party, primaries shall be 
held at the usual polling places in each county on 
the second Tuesday of August of the even num¬ 
bered years. 

5. For the nomination of candidates for United 
States Senator the primaries shall be held on the 
second Tuesday of August in the years that such 
Senators are to be elected. Such primaries are 
to be held in 1916. 

6. For the election of Delegates and Alternates 
to national conventions, the primary election 
shall be held on the last Tuesday in April, 1916, 
and every fourth year thereafter. At the same 
primary voters of the several parties may express 
their preference for nominees for their parties for 
president and vice president. 


4 


7. For the election of Delegates to state con¬ 
ventions which shall nominate candidates for 
presidential electors, the primary election shall 
be held on the last Tuesday in April, 1916, and 
every fourth year thereafter. The time and 
place for holding this convention shall be deter¬ 
mined by the state committee of each political 
party which shall apportion the delegates and 
alternates thereto throughout the state in pro¬ 
portion to its party vote for Governor cast in the 
several counties in the last preceding election. 
This convention, in addition to nominating can¬ 
didates for presidential electors, shall formulate 
the state party platform for that year. 

THE PRESIDENTIAL PRIMARY 

The law passed by the General Assembly of 
Ohio, May 27th, 1915, and approved by the Gov¬ 
ernor June 4th, 1915, provides for the election of 
delegates and alternates to national conventions 
by direct vote of the people. It completely rev¬ 
olutionizes all the methods heretofore used. 

A primary election for representation in the 
national conventions will be held on the last Tues¬ 
day of April of this year (1916), and similarly every 
fourth year thereafter; that is, in every presidential 
year. 


ELECTION OF DELEGATES AND 
ALTERNATES AT LARGE 

Delegates at large and alternates at large to 
national conventions must be chosen by direct 
vote of the electors of the state. 

They are to be nominated in the same manner 
prescribed by law for the nomination of state 
officers; that is, each person so desiring to become 
a candidate for delegate at large or alternate at 
large shall, not less than sixty days prior to the 
primary election, file with the State Supervisor of 
elections a declaration of candidacy, which shall 
be signed and acknowledged and certified to by 
five electors of the state who are members of the 
political party to which such candidate belongs. 


5 


ELECTION OF DISTRICT DELEGATES AND 
ALTERNATES 


Delegates and alternates to national conventions 
from congressional districts shall be chosen by 
direct vote of the electors of the district. 

They are to be nominated in the same manner as 
district officers: that is to say each person desiring 
to become a candidate for district delegate or 
alternate shall, not less than sixty days before the 
date of the primary, file with the Clerk of the' 
Board of Deputy State Supervisor of elections of 
the County in which such candidate resides, a 
declaration of candidacy signed and acknowledged 
and certified to by a certificate of five electors of 
the district who are members of the political party 
to which such candidate belongs. 

RELATING TO CHOICE FOR PRESIDENT 

Every candidate for delegate or alternate to a 
national convention must file with his declaration 
of candidacy and certificate, a statement in writing 
signed by him in which he shall state his first and 
second choice for the nomination of his party of a 
candidate for president. 

The name of such first and second choice candi¬ 
dates shall be printed on the primary ballot imme¬ 
diately below the name of the candidate for del¬ 
egate or alternate in such a way as to clearly 
disclose his preference. 

No name of any one as candidate for the pres¬ 
idency shall appear on such primary ballots except 
by his (the presidential candidate’s) written 
consent. 


AN OPTIONAL PLEDGE 

In addition to his declaration of candidacy and 
certificate, each candidate for election as delegate 
or alternate may also file a statement in writing 
signed by him, as follows: 


6 


“I hereby declare to the voters of my political 
party in the State of Ohio, that, if elected as 
delegate (or alternate) to their national party 
convention, I shall, to the best of my judgment 
and ability support that candidate for president 
of the United States who shall have been selected 
at this primary by the voters of my party in the 
manner provided in this chapter, as their candidate 
for such office.” 

PRESIDENTIAL PREFERENCE 

In addition to voting on the election of delegates 
and alternates at the primary election, - the law 
provides that the voters of the several parties of 
Ohio shall be given an opportunity on separate 
party ballots to express their preference as to who 
should be the nominees for their respective parties 
for president and vice president of the United 
States. 

In order to do this it is provided that a declara¬ 
tion of candidacy for each candidate for nomina¬ 
tion for president and vice-president may be filed 
in the same manner as candidates for state office. 

In such declaration the candidate shall declare 
his residence by state and that he is a qualified 
elector of such state; that he is a member of a 
certain political party and that he is a candidate 
for nomination to the office of president, or vice 
president of the United States (as the case may 
be) subject to the action of the national convention 
of his party to which delegates will be elected at 
the primary to be held on the last Tuesday of 
April in the current year; that he requests that his 
name be printed on the official primary ballot as 
provided by law as a candidate of his party; that 
he further declares if nominated and elected he 
will qualify as president or vice-president (as the 
case may be) and will support and abide by the 
principles of his party and adopted and declared 
in its national platform. 

Any such candidate may designate any elector 
of the state in his political party to act as his 


7 


representative in signing his declaration of can¬ 
didacy; in which event, no candidate for president 
or vice-president shall be required to sign any 
paper of any kind to get his name upon the ballot 
at such a primary. 

At the voting booth the voter will be furnished 
with a separate ticket on which will be printed the 
names of the candidates for the nomination of 
president or vice-president within his party that 
have complied with the law. 

This ticket will be headed “presidential pref¬ 
erence ticket.” 

The ballots voted at such election will be 
deposited in separate ballot boxes and will be 
counted, canvassed and returned as provided in 
cases of candidates for nomination of state offices; 
and the results will be certified by the State 
Supervisor of elections. 

The name of no candidate for president or vice- 
president, or committeeman, or delegate or alter¬ 
nate to the national convention shall be printed on 
the official ballot unless at the proper time his 
declaration of candidacy and certificate shall have 
been filed with the State Supervisor or with the 
Board of State Deputy Supervisors as the case 
may require. 


RELATING TO THE NOMINATIONS OF STATE 
OFFICERS, UNITED STATES SENATOR 
AND CONGRESSMAN-AT-LARGE 

Each person who desires to be nominated by 
direct vote of the people for any of the offices 
above named shall, not less than sixty days before 
the primary election at which such nominations 
are to be made, file with the State Supervisor of 
elections a declaration of candidacy, signed and 
acknowledged and certified to by a certificate of 
five electors of the State, who are members of the 
political party to which the candidate belongs. 



Such declaration should be accompanied with the 
proper fee, which shall be one-half of one per cent 
of the annual salary of such office, but in no case 
shall such fee be more than twenty-five dollars. 
These fees are paid by the Supervisor of elections 
into the Treasury of State. No fees shall be 
required in the case of candidates for committee¬ 
man, or delegate or alternate to a convention, or 
for president or vice-president of the United 
States or for offices for which no salary is paid. 

Such declaration shall contain the following 
statements: the residence of the candidate; 

that he is a qualified elector at his place of res¬ 
idence; that he is a member of the party to which 
he desires to submit his election; that he intends 
to vote for a majority of the candidates of such 
party at the coming election; that at the last 
general election he did, or did not (as the case 
may be) vote for a majority of the candidates of 
such party at such election. He shall further 
declare that he is a candidate for nomination to 
the office, which he shall name, to be made at the 
forthcoming primary election, and that he requests 
his name to be printed upon the official primary 
ballot as provided by law as a candidate of the 
party whose nomination he asks; that if nom¬ 
inated and elected he will qualify for such office, 
and that he will support and abide by the prin¬ 
ciples enumerated by the party named in its 
national platform, and in its platform in this 
state adopted during the present year. 

This declaration shall be signed by the can¬ 
didate and acknowledged by him as his free act 
and deed, before an officer authorized to take 
such acknowledgments. 

In addition to the foregoing declaration and 
acknowledgment, there shall be filed a certificate 
signed by five electors of the State of Ohio, which 
certificate shall set forth the residence of said 
electors and a statement certifying that the 
candidate who has made the foregoing declaration, 


and is to be voted for at the primary hereafter to 
be held, is a member of the party whose nom¬ 
ination he desires, and is well qualified to perform 
the duties of the office for which he is a candidate. 
This certificate shall also be severally acknowl¬ 
edged by the signers thereof to be their free act 
and deed, and declaring that the statements 
made therein are true as they verily believe. 


RELATING TO THE NOMINATION OF 
DISTRICT OFFICERS 

The law controlling the nomination of candidates 
for district offices (where such districts include 
more than one county) also applies to all can¬ 
didates for members of the House of Representa¬ 
tives in Congress, except Congressman-at-large. 

Any person desiring to be nominated for such an 
office by direct vote of the people shall, not less 
than sixty days before the date of the primary 
election, file with the Clerk of the Board of Deputy 
State Supervisors of elections of the county in 
which such candidate resides a declaration of 
candidacy and a certificate of five electors who 
shall be members of the political party to which 
the person desiring to be nominated belongs, 
and shall also pay the Clerk the proper fee. At 
least forty days before the primary the Clerk 
shall certify all nominations certified to him (if 
in the most populous county in the district) or 
filed in his office to the Boards of Deputy State 
Supervisors of each County in such District and 
the name so certified shall be entered on the 
proper ballots to be used at the primary. 

The declaration of candidacy and the cer¬ 
tificate to be attached thereto shall be in the form 
and substance the same as that provided for the 
nomination of state officers and which has been 
set forth heretofore. 


10 


OTHER NOMINATIONS 

All nominations for offices or places on the 
primary ballot other than those heretofore pro¬ 
vided for shall be made by the payment of the 
proper fees and by the filing of declarations of 
candidacy and certificates which shall be filed 
with the Board of Deputy State Supervisors at 
least sixty days before the day for holding the 
primary election. Such declaration for can¬ 
didacy and certificate shall contain the state¬ 
ments required in declarations for state officers. 
They shall be signed and acknowledged by the 
person desiring to become a candidate and should 
be accompanied by a certificate of five electors 
of the county, municipality, precinct, ward or 
any other political subdivision for which such 
nomination is to be made. 

RELATING TO POLITICAL ORGANIZATION 

The controlling committees of each voluntary 
political party or organization shall be: 

1. A state central committee, consisting of 
one member of each congressional district in the 
state; 

2. A district committee for each district in 
the state including congressional districts which 
shall consist of a chairman of the county central 
commission of the several counties composing 
such district; 

3. A county central committee consisting of 
one member from each precinct in the county, or 
of one member from each ward and township in the 
county as the outgoing committee may determine 
and the members of the central committee chosen 
from a city will constitute a city committee. 

Members of controlling committees shall be 
elected by direct vote except as otherwise provided 
herein. Their names shall be placed upon the 
official ballot as hereinafter provided. The person 
receiving the highest number of votes for com¬ 
mitteeman shall be the member of such con¬ 
trolling committee. 


Candidates for election as state central com¬ 
mitteeman are nominated in the same manner as 
candidates for district offices. 

Candidates for election as members of the 
county central committee are nominated by filing 
declarations of candidacy and certificates with the 
Board of Deputy State Supervisors at least sixty 
days before the day for holding the primary 
election. Such declarations of candidacy and 
certificate shall contain the subject matter here¬ 
tofore set forth. Where a judicial subdivision 
or district, or congressional district is included 
within a county the members of the county central 
committee who are residents of such districts 
shall also act as the judicial or congressional 
committee. 

All party controlling committees serve for two 
years and until their successors are elected. 

Vacancies resulting from death, resignation or 
removal from the territory from which the com¬ 
mitteeman was chosen, may be filled by a majority 
vote of the committee. 

PARTY PLATFORMS, WHEN AND BY WHOM 
FRAMED 

In the year 1914, and every fourth year there¬ 
after, the candidates for state offices, except 
judicial offices, -the candidates for member of the 
general assembly, the members of the state 
executive and central committees and the chair¬ 
men of the county central and executive com¬ 
mittees of each political party which shall have 
selected candidates at the primary election of 
such year shall meet at such place as the state 
central committee of such party may designate 
on the second Tuesday after such primary and shall 
forthwith formulate the state platform of such 
party, which said state platform of each political 
party shall be so framed at such time that it shall be 
made public not later than six o’clock in the 
afternoon of the following Thursday. 


12 


PROTESTS 


Protests against the candidacy of any person 
seeking to become a candidate to any political 
party may be filed in writing only by recognized 
member of such party or by the controlling com¬ 
mittee thereof. They shall be filed with the State 
Supervisor of elections in all cases where the 
declaration of candidacy shall have been filed with 
him and his decision upon hearing of such protest 
shall be final. 

Where the declaration of candidacy shall have 
been filed with a Board of Deputy State Super¬ 
visors the protest shall be filed with such Board. 

In cases of protest filed against the candidacy of 
a person in a district combining more than one 
county, the same shall be heard and determined 
by the Chief Deputies and Clerks of the Board of 
Deputy State Supervisors of the several counties 
comprising such district and their decision shall 
be final. 

Where protests are filed against candidates for 
county offices or offices for a district lying within 
a county, the same shall be heard and determined 
by the Board of State Deputy Supervisors of such 
county, and its decision shall be final. 

In the cases of candidates for offices in munic¬ 
ipalities or school districts situated in more than 
one county, the same shall be submitted to the 
Board of Deputy State Supervisors in the county 
of which the declaration of candidacy was filed 
and its decision shall be final. 

If it is found that such candidate is not an elector 
of the state, or of the district or county in which 
he seeks to become a candidate, or has not fully 
complied with the provisions of law as herein 
provided, his name shall be withdrawn and shall 
not be printed upon the ballot; but no declaration 
of candidacy shall be rejected for mere technical 


13 


defects. Certificates shall be transmitted in the 
manner provided in this title for the transmission 
of certificates of nomination. 

SEPARATE PARTY TICKETS 

Separate tickets shall be provided for each polit¬ 
ical party at all primaries. They shall contain the 
names of all persons whose names have been duly 
presented and not withdrawn arranged upon the 
designation of the office in alphabetical order 
according to surnames. They shall conform as 
nearly as practicable to the ballots used in the 
election of public officers except that no device or 
circle shall be used at the head of such ticket. 

CHALLENGERS AND INSPECTORS 

The judges of election upon application in writ¬ 
ing of the party controlling the committees shall 
admit to the polling room one challenger and one 
witness for each candidate whose name appears on 
the ballot for the office at the head of the ticket. 

Upon the written application of any five or more ’ 
candidates the judges of elections in each precinct 
shall admit to the polling room one challenger and 
one inspector. The application must be signed by 
the candidates in person in the presence of two 
witnesses. 

During the time the primary polls are open it 
shall be unlawful for any person within one hundred 
feet of the polling place to give, tender or exhibit 
any ballot to any person other than to a judge of 
the election, or to exhibit any ticket which he 
intends to cast or within such distance solicit or in 
any way attempt to influence any elector in 
casting his vote. 

Only legally qualified electors or such as will be 
legally qualified at the next ensuing general 
election may vote at primaries. Whenever there is 
any reason to doubt the legality of any vote it is 
the duty of the challengers and of the judges and 
the right of any elector to interpose a challenge 


14 


The cause of a challenge shall be : (1) that the 
person challenged has received or been promised 
some valuable reward or consideration for his 
vote; (2) that he has not previously affiliated 
with the party whose ticket he now desires to 
vote. Affiliation shall be determined by the vote 
of the electors making application to vote, at the 
last general election in even numbered years. 

The law provides for the necessary oath to be 
administered to challenged person and if he 
refuses to be sworn or being sworn refuses to 
answer any question or if his answers show that 
he lacks any of the qualifications herein required 
to make him a legal voter at such primary elec¬ 
tion his vote shall be rejected. 

GENERAL PROVISIONS 

Where no candidate has been nominated for an 
office either by a nominating petition or by a 
declaration of candidacy so that there is a vacancy 
on the primary ballot for that office no nomina¬ 
tion can be made for such office unless the name of 
the person attempted to be nominated and receiv¬ 
ing the highest number of votes shall have been 
written on at least eight per cent of all the ballots 
containing such Vacancy which have been voted 
at that primary election. 

In case of a tie at any primary for the nomination 
or election and in a case in which declarations of 
candidacy have been filed with the State Super¬ 
visor of elections candidates having the highest 
and equal number of votes shall after notice within 
ten days and in the presence of the Supervisor 
determine the result by lot. If they fail to pre¬ 
sent themselves and do this the State Supervisor 
shall determine himself by lot the result. 

In the event of a tie vote in other cases the 
result will be determined in a similar manner. 

Where a vacancy by death or otherwise occurs 
in a list of nominations after the result has been 


15 


declared such vacancy shall be filled by the proper 
controlling committee of the party and the names 
of the candidates, delegates or committeeman (as 
the case may be) selected by such committee, 
shall, in the cases of offices the nominations for 
which have to be filed with the State Supervisor 
of elections be reported to such State Supervisor; 
in case of other offices the selection shall be 
reported to the proper Board or to the Board of 
Deputy State Supervisors and such State Supervisor 
or Board or Boards shall cause such names to be 
placed on the official ballots. This procedure 
applies to vacancies occurring after the declaration 
of the result of the election and to the vacancies in 
the list of nominations made at the primary 
elections. 



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